Terms and Conditions Policy
By using the First Houston Auto Body Assocation (HABA) website (“Site”) in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to HABA, you agree to the following terms, conditions, policies and notices contained on this page and conditions of use (“Terms”) and assume total responsibility and risk for your use of this Site and any services contained herein. This includes, but is not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Texas law. If you do not agree to these Terms, you should immediately discontinue use of this Site. Please read these Terms carefully before using this Site.
You also acknowledge that content on this Site, including these Terms, may change at any time, without any obligation on the part of HABA to notify you of such changes. It is your responsibility to review these Terms for any changes. Your use of the Site following any amendment or modification of these Terms will signify your assent to and acceptance of its revised Terms. HABA may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that HABA will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. If you have any concerns regarding these Terms, please contact HABA at firstname.lastname@example.org
This Site is to be used for lawful purposes only. Use of the Site to access, transmit, communicate, deliver, or store any information, data, content, or material in violation of any federal, state or international regulation or law (including material protected by copyright, trademark, and confidential information) is strictly prohibited. You may not use the content or features available at the Site for any commercial purpose without permission from HABA. This Site is intended for and applicable only for individuals age eighteen (18) or older. If you are under eighteen (18) years of age, you may not use this Site.
Using the Site and Your Account
Certain areas of the Site, including the HABA members site, may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site or any features at all. If the Site requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with HABA; that you will only submit information about yourself or those for whom you are authorized to submit information, including your employees; and that you will otherwise comply with these Terms, including the Submissions section of this Agreement. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the HABA website. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You are solely responsible for the activity that occurs on your account, including all transactions and other activities are undertaken with your device and any stored payment card, whether authorized or unauthorized, and you must keep your user account, username, and password secure. You must notify HABA immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. HABA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.HABA shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site.
You understand that you have no ownership rights in your account or other access to the Site or features therein. HABA may terminate your access to the site, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to HABA, at any time, and without notice, for any reason, including if HABA deems that you have violated these Terms, the law, or for any other reason. HABA assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
You understand that certain offers, services and features that may be available on the Site may be subject to additional specific terms and conditions. This may include, but is not limited to, professional designation programs, contests, and sweepstakes. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control.
You agree that HABA and HABA’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Site access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Site. You grant HABA the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which HABA believes you may be interested, including working with third parties who provide targeted advertising content.
Content and Intellectual Property Ownership
All rights, title and interest in and to the information, data, photographs, graphics, videos, trademarks, service marks, logos, and other material (collectively, the “HABA Content”) available at the Site, including, without limitation, any copyrights in or to the HABA Content, belong to HABA and its content providers or their licensees, and is protected in the U.S. and internationally under trademark, copyright, privacy, and other intellectual property laws. “HABA” and all other trademarks, service marks, trade names and logos of HABA appearing on the Site are the property of HABA. All uses of such marks shall inure to the benefit of HABA and the use of HABA’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. HABA’s trademarks, service marks, trade names and logos may not be used without HABA’s permission.
The HABA Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, without HABA’s permission. This includes, but is not limited to, downloading, displaying or using any HABA Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of HABA, in any other manner that is likely to cause confusion among consumers, that disparages or discredits HABA and/or its licensors, that dilutes the strength of HABA’s or its licensor’s property, or that otherwise infringes HABA’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any HABA Content or Third Party Content that appears on this Site.
Any unauthorized use of the HABA Content may be a violation of federal, state, or international law subject to criminal and civil penalties. By visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any HABA Content, available at the Site. You agree not to display or use any HABA Content in any manner, or for any commercial purpose, without permission from HABA.
From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”). If you submit User Content intended for display on this Site, you agree not to submit any User Content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, harmful, tortious, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable, injurious or inappropriate as determined by HABA. You further agree that you will not infringe the privacy rights of third parties and that you will not submit materials that consist of or invoke malicious software code, consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you impersonate any person or organization, including the personnel of HABA, nor will you post any content that contains a business solicitation.
All User Content you submit to HABA becomes the property of HABA and may not be acknowledged. You hereby grant to HABA a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, reformat, publicly perform, publicly display, reproduce, and distribute any User Content in which you may be deemed to continue to hold any ownership right as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. HABA may cancel your account and delete all User Content associated with your account at any time, and without notice, if HABA deems that you have violated these Terms, the law, or for any other reason. HABA assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By using this Site, creating a HABA member account, and otherwise posting or submitting User Content to HABA, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.
You agree that you will not submit any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. If you violate this Agreement and submit unsolicited materials, ideas, suggestions or creative concepts, (“Unsolicited Information”), such Unsolicited Information shall be deemed by HABA to be, and shall remain, the property of HABA, and HABA shall be entitled to unrestricted use of such Unsolicited Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Unsolicited Information shall be subject to any obligation of confidence, and HABA shall not be liable for any use or disclosure of any Unsolicited Information.
You agree to indemnify and hold HABA, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Submission Policy, or any violations thereof by your dependents or which arises from the use of User Content or Unsolicited Information you submitted, posted, or otherwise provided to HABA or this Site.
Transactions and Product Availability
Through the Site, you may be able to order and/or pay for HABA products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your HABA ID number, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to HABA and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
HABA may permit you, through the Site, to order training courses or other products or services (collectively “Products or Services”). All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Site does not imply or warrant that these Products or Services will be available. HABA reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You understand and agree that you are charged at the time you place your order for Products or Services. You further understand and agree that the transaction for the purchase of Products or Services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. After you have submitted your order on the Site or you have otherwise directed HABA to begin preparation of your order by means designated by HABA and communicated to you in HABA’s sole discretion, you may not cancel your order. HABA may restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.
To learn more about HABA’s Class Cancellation policy, please click here.
Despite HABA’s best efforts, occasional pricing and other errors may occur on the Site. Access to the Site does not constitute the right to purchase products featured. HABA is not responsible for typographical, pricing or other errors. HABA reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, HABA will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. HABA reserves the right to limit quantities of products purchased.
Disclaimer & Limitation of Liability
HABA strives to ensure that the information contained in this Site is accurate and reliable. However, neither HABA nor the World Wide Web (or Website Host) is infallible, and errors may sometimes occur. Therefore, HABA HEREBY NOTIFIES YOU THAT THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR CONTENT THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HABA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL HABA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HABA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that any reliance on the Site or any content will be at your own risk. HABA also makes no representations regarding the amount of time that any content will be preserved. HABA may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors or users. In no event shall HABA be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that HABA may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without prior notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that HABA will have no liability to you if this Site is discontinued or your ability to access the Site or content available at this Site is terminated.
Third Party Websites
You agree to indemnify and hold HABA, its parents, subsidiaries, officers, directors, members, employees, agents, licensors, representatives, and third-party providers to this Site harmless for any claims, damages and, expenses, including reasonable attorneys’ fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by your dependents.
Both you and HABA acknowledge and agree that no partnership is formed and neither of you nor HABA has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and HABA, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and HABA regarding the use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
This Agreement will be governed by and construed in accordance with the internal laws of the United States and the State of Illinois without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Illinois. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of HABA to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of HABA, shall not be deemed a breach of these Terms.
Although HABA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HABA or others due to such unauthorized use. If HABA fails to act with respect to your breach or anyone else’s breach on any occasion, HABA is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and HABA relating to the Site, and replace any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.
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